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California Employment Law Blog

Category Archives: ADA

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Police Officer’s ADHD Was Not a Disability Within The Meaning of the ADA

Posted in ADA, Disability, Wrongful Termination

Weaving v. City of Hillsboro, 2014 WL 3973411 (9th Cir. 2014) Matthew Weaving worked as a police officer for the City of Hillsboro for approximately three years before his employment was terminated due to “severe interpersonal problems” between him and other employees of the police department.  Weaving contended that his interpersonal problems resulted from his… Continue Reading

Nurse’s ADA Disability Discrimination Claim Was Properly Dismissed

Posted in ADA, Employment Law Notes, Reasonable Accommodation

Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012) Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted… Continue Reading

Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment

Posted in ADA, Disability, Employment Law Notes, Religion, Supreme Court, Wrongful Termination

Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination… Continue Reading

Teacher With Expired Teaching Certificate Was Not “Qualified” Within The Meaning Of The ADA

Posted in ADA, Disability, Discrimination, Employment Law Notes, Reasonable Accommodation

Johnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011) Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient college courses to obtain a renewal of the certificate… Continue Reading

ADA “Impliedly Amended” The National Bank Act’s Termination-at-Pleasure Clause

Posted in ADA, Disability, Employment Law Notes, FEHA

Quinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation of the Fair Employment and Housing Act. U.S. Bank obtained summary judgment from the trial court on the ground… Continue Reading

Rehabilitated Drug Addict’s Disability Claims Were Properly Dismissed

Posted in ADA, Disability, Drug Policies, Employment Law Notes, FLSA

Lopez v. Pacific Maritime Ass’n, 636 F.3d 1197 (2011) When Santiago Lopez first applied to be a longshoreman in 1997, his application was rejected because he tested positive for marijuana. The PMA, which represents the shipping lines, stevedore companies and terminal operators that run the ports along the west coast, follows a “one-strike rule,” which… Continue Reading

Airline May Have Unlawfully Rescinded Job Offers To HIV-Positive Applicants

Posted in ADA, Disability, Discrimination, Employment Law Notes, FEHA, Privacy, Unfair Competition

Leonel v. American Airlines, Inc., 400 F.3d 702 (9th Cir. 2005) Walber Leonel and two other individuals applied for flight attendant positions with American Airlines. Plaintiffs were interviewed in Dallas and received conditional offers of employment, contingent upon their passing background checks and medical examinations. Although none of the applicants disclosed his HIV-positive status or… Continue Reading